The grounds of a dismissal are shown at article 130, first paragraph, letter a-l, of the Labor Code and may be completed, case by case, by standing orders, clauses of Collective Employment Contracts or regulations of the field you work in.
According two regulations from article 130, paragraph 1, the reasons to terminate an Employment Contract by initiative of the employer are:
These are the reasons stated by the law; the Employment Contract can include, nevertheless, more reasons, (agreed by the parties), that can generate the termination of the contract.
2. What is the difference between an imputable and a non-imputable ground of dismissal?
Imputable grounds of dismissal are those situations that determine the termination of the Employment Contract as a consequence of the guilt of the employee. These grounds require the guilt or a guilty behavior of the employee; meanwhile, non-imputable grounds exclude it.
Non-imputable grounds of dismissal are those stated within article 130, paragraph 1, letters a-h of the Labor Code. Imputable grounds are, therefore, those shown by article 130, paragraph 1, letters i-l.
An important difference between these two kinds of grounds is that the employee who gets dismissed because an imputable reason loses a few rights stated by the law in favor of employees dismissed because non-imputable reasons. These rights are the followings:
Also, those who get fired on imputable grounds must payback to the firm they worked or to the respective organ, the expanses that they made with their qualification or requalification, if the dismissal operates before the expiry date established trough the Additionally Act of the Individual Employment Contract. Usually, the employee whom the company he works for has paid qualification, must activate within this company for a certain period of time before he can quit his job or he can be dismissed without paying back qualification expenses these period is most frequently set at 5 years.
3. Which is the procedure that the company should follow to dismiss me on disciplinary grounds?
Dismissal on disciplinary grounds is stated at article 130, paragraph 1, letter i, when the employee commits a serious misbehavior or breaches repeatedly his work duties, including internal regulations. In order for the dismissal to be settled on this ground, the employee must commit one serious misbehavior or two or more less serious misbehaviors which endanger the well going of company's activity. The Labor Code doesn't define the term of serious misbehavior (in certain special laws are shown for exemplification a few of these misbehaviors; for example, the article 41, paragraph 2, Decree 360/1976 regarding the disciplinary statute of the staff working within units subordinated to the Transport Ministry). Consequently, the company will establish misbehavior's nature, with the consideration of all its elements, its governing factors and the personal circumstances of its author.
First of all, article 130, paragraph 2, says that dismissal on disciplinary ground can be disposed only within a period of one month since when the one supposed to have the right of disposing it found out about it's ground (the misbehavior that represents this ground). By finding out about committing the respective misbehavior, we will understand that notifying registered in company's registry.
Second, for budgetary companies, the law states the obligation of a disciplinary (internal) investigation, which consists in:
Only after doing this disciplinary investigation and establishing beyond any doubt employee's guilt, the company can dispose a disciplinary dismissal.
After emitting the dismissal decision, this decision must be communicated to the employee involved within a period of 5 days. This communication must be done in a way that can prove, unquestionable, the fact that the employee found out about its content (by recommended letter with receiving confirmation or by taking employee's signature on company's receiving registry).
4. What can I do if my Employment Contract has been illegally terminated?
First of all, contact a lawyer!
Dismissal can be contested at the competent organ within 30 days since you first found out about its content (usually, since communication's day). The competent organ can be either a court either (if stated by the special laws that regulates the field you work in) an administrative organ or a disciplinary committee (for example, teacher's case that must go first to a specialized disciplinary committee of the School Department's Inspectory in witch's territorial range is situated the respective school. The existence of such committee doesn't exclude the possibility of bringing up your case in a jurisdictional court. You only have to go first to this committee and afterwards, if you are not satisfied with its decision you may go to a jurisdictional court.
5. Which are my rights as a Romanian employee of a foreign agency in Romania? What law regulates my Employment Contract?
According to article 11 of the HG no. 1222/1990, regarding the settlement of excises and taxes paid by foreign agencies in Romania and also regarding their rights and obligations towards remuneration of Romanian staff, employment at foreign agencies can be done only by Individual Employment Contract that states the main rights and obligations of the parties. The respective contracts are registered to the Labor Office (created by HG no. 434/1990), organ functioning under guidance of The Labor and Social Security Ministry. Romanian law regulates the contract concluded in this way. So, Romanian employees of foreign agencies in Romania benefit of the same rights and have the same obligations as Romanian employees of Romanian private firms.
Remunerating rights of these employees are established in foreign currency but can only be paid in LEI (at day's currency), as national money of Romania.
Romanian employees of foreign agencies can work in other companies in the same conditions regarding job cumulating as other employees. Yet, this kind of employees cannot work in budgetary units (companies) that realize activities similar to those realized by the respective foreign agencies.
6. What excises and taxes do I owe as a Romanian employee of a foreign agency?
Romanian employees of foreign agencies in Romania owe the same profits tax or any other excises or taxes and contributions at the social security trusts or health security trusts as any other employee. These contributions are being held by the agency and paid by it in the mentioned trusts, for the employee and in employee's name.
Salary tax is calculated by reporting the respective percent on salary's equivalent in lei.
Contributions at the mentioned trusts are calculated on the gross value of the salary.
7. As a foreign citizen settled in Romania after retirement, how can I benefit of retirement pay in Romania?
If you didn't work in Romania, you can't benefit of retirement pay or any social security rights from the Romanian State. Yet, the retirement pay that you receive in the country you came from can be sent to you in Romania but only under the existence of a reciprocity treaty signed by Romania and the state you came from, that guarantees to Romanian citizens the exercise of the same right.
Such treaty exists between Romania and Canada, for example.
8. As a Romanian citizen settled in another state after retirement, can I receive my retirement pay in that state? Can I demand the payment of my retirement pay as a global sum reported to a certain number of years, in the moment of my departure?
You can benefit of your retirement pay from Romania its sending to the state you settled but only under the existence of the same treaty, we've mentioned before.
You cannot ask the pension as a global sum in the moment of your departure because this pension, in its essence, it's considered to be a successive payment established for an unspecified period of time. Giving a global sum instead of this successive payment violates pension's character.
9. If the company I've worked for is in bankruptcy, can I sue it for not having received my salary rights before its bankruptcy?
For you salary rights as an employee of the respective company you have the possibility of suing it even if the company is in bankruptcy. More, paying salary rights has priority towards other duties of the company, in case of bankruptcy. The only risk is that the company may be insolvable and not have any resources from which your rights could be satisfied.
10. As an heir, can I sue the company where my author worked, asking for salary right or other patrimonial rights that he didn't cash in before its death?
The Employment Contract is considered to be a personal contract, signed in consideration of employee's qualities. This is why heirs cannot start an action regarding personal rights of their author generated by the Employment Contract.
Yet, this rule isn't applicable when it comes to authors patrimonial rights, because these rights must enter within inheritance's content. So, you, as heir, can start or continue an action regarding salary rights or any patrimonial rights of your author just as well as you can ask for them directly from the company where your author used to work.
11. As a foreign citizen, in what conditions can I work in Romania?
Foreign citizens that wish to work in Romania must obtain before a labor license. The labor license is the official document that gives to foreign citizens the right to work in Romania (article 1, first paragraph, law no. 203/1999 regarding labor license).
Labor licenses are given on demand to those foreign citizens that fulfil the conditions to work, as there are stated by Romanian Law and that have on their passports the hiring visa. The competence to give these licenses belongs to the Labor and Social Security Ministry, through the Direction for programs of hiring labor force from abroad. Labor licenses are given for six months and can be prolonged for other six months. In certain exceptional cases licenses can be given or prolonged for periods longer than six months.
To get a labor license you first pay a tax of 200 USA $, came from official exchange at the currency established by Romania's National Bank. In same terms, for prolonging a labor license you must pay a tax of 100 USA $. The 203/1999 law also states some relief of these taxes.
Romanian law governs the Employment Contract of a foreign citizen in Romania.
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